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Terminated during company chapter 11 bk...

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bjsmith72

Junior Member
What is the name of your state? Ohio

I was terminated after 4.5 years of a salaried position, with no reason given. I worked for an "at will" employer. They are refusing to pay me for the last week I was employed, and they canceled my health insurance effective 4/30/05 when I was terminated 5/2/05, AND they take out a month premimum in advance. I also just found out that they have not contibuted all of my 401K withholdings to my account. (There is no comp. match... 100% employee contribution). The company filed for chapter 11 BK prior to letting me go. What type of recourse do I have as far as getting my pay, insurance, and 401K premiums? Or is the company protected by the BK and am I just going to become a write off? And are they able to include employees in the BK, ecspecially after they already filed? Please give any advise you can! Thanks!!!
 


Beth3

Senior Member
1. Contact Ohio's Department of Labor and file a complaint regarding your unpaid wages and the month's insurance premium that you are owed. 614-644-2239.

2. Contact the FEDERAL Department of Labor and file a complaint about your 401(k) withholdings not being directed into the Plan. If employee contributions were redirected into the general assets of the company, that's the kind of thing company presidents and financial executives got to jail for. 202-693-4650.

Filing bankruptcy does not provide protections to an employer from violating the law.
 
Termination and bankruptcy

You also want to file a claim in the bankruptcy case for your unpaid wages, and for the 401k contributions that were allegedly withheld, and not paid. Both of these are unsecured priority claims, and have a higher priority. Find out where the bankruptcy was filed, both state and district.
 

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